Senate and the People of Canada

A Counterintuitive Approach to Reform of the Senate of Canada

Inbunden, Engelska, 2017

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The Senate of Canada is the upper house of its parliamentary system. It is an appointed legislative chamber that has been frequently derided for its apparent lack of effective activity, its failure to represent Canada’s federal system, and the perceived lack of accountability among its members. Reform of the Senate persists as one of the most contentious issues in the country. Typical reform proposals begin with the assumption that it must become an elected body that primarily represents Canada’s provinces and can serve as an effective check on the federal government and the House of Commons. This book challenges those assumptions through a thorough analysis that places the Senate within the context of other parliamentary upper houses. It presents a hypothetical constitutional amendment and a proposal for non-constitutional reform that are based upon alternative models derived from that broader context. The book ultimately recommends a Senate that remains unelected but with a more expansive appointment process that more appropriately reflects the optimal role of a parliamentary upper house as well as the diversity, regional aspirations, and political principles of Canadian democracy.

Produktinformation

Utgivningsdatum2017-09-20
Mått159 x 235 x 26 mm
Vikt585 g
FormatInbunden
SpråkEngelska
Antal sidor314
FörlagBloomsbury Publishing Plc
ISBN9781498547932

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AcknowledgmentsPrefacePart I: Background, Theory, and ContextChapter 1: Senatus Publiusque CanadeseChapter 2: A Counterintuitive Approach to Senate Reform in CanadaChapter 3: The Upper House as a Belief Chapter 4: Historical Continuity of the SenateChapter 5: Assessing Reform—Neo-Institutional and Related Strategies Part II: Application and Idealized Constitutional ReformChapter 6: Constitutional Amendment, Part I—Legislative PowersChapter 7: Constitutional Amendment, Part II—Membership, Representation, and FederalismChapter 8: Constitutional Amendment, Part III—Appointment, Partisanship, Diversity, Democratic TheoryChapter 9: Constitutional Amendment, Part IV—Official Language Protection, Nomination Oversight, Structural FeaturesPart III: Observations and Non-Constitutional ReformChapter 10: Scandal and Its Constitutional AftermathChapter 11: The Senate as It Is, Could Be, and Ought to Be: Non-Constitutional ReformAppendix A: Constitution Act of 1867 in Respect of the Senate of Canada as AmendedAppendix B: An Agreement on Practices Relating to the Senate of CanadaBibliographyAbout the Author

The Canadian Senate is going through the greatest reform in its history as it transitions from a Chamber where supporters of two political parties have alternated with mixed success at providing the” sober second thought” envisaged by the founders to a Chamber of independent members who consider themselves non-partisan and plan to conduct themselves accordingly. There are still many bugs to work out mainly because this completely new approach to Senate reform has absolutely no theoretical foundation. Professor McHugh’s impressive accomplishment is not only to look at the Senate as it existed before the current reform but to provide an intellectual basis for how the reform can be carried to a successful conclusion. Let us hope that the new generation of independent senators and scholars take the time to read this book.